Rajasthan High Court - Jaipur
Naresh Chandra Jajra S/O Late Shri ... vs Union Of India on 25 February, 2022
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 1914/2022
Naresh Chandra Jajra S/o Late Shri Balkrishan Jajra, Aged About
49 Years, R/o Shri Ram Bhawan B-3 Shakti Nagar Gali No. 1
Pawta C, Jodhpur Raj. (Presently Confined In Central Jail Jaipur)
----Petitioner
Versus
Union Of India, Through Pp
----Respondent
For Petitioner(s) : Mr. S. K. Gupta, Senior Counsel with
Ms. Surabhi Agarwal, Adv., Mr. Sudhir
Sangal, Adv. & Mr. Ravi Chandhok,
Adv.
For Respondent(s) : Mr. Kinshuk Jain, Senior Standing
Counsel for DGGI
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
25/02/2022
1. The present bail application has been filed under Section 439
Cr.P.C. arising out of file No.DGGI/INV/GST/3064/2021-Gr-B-
O/OADG-DGGI-JZU-JAIPUR for the offence(s) punishable under
Sections 132(1) of the Central Goods & Services Tax Act, 2017.
2. Learned senior counsel for the petitioner submits that the
petitioner has been wrongly implicated in this case. He is behind
the bars since 24.12.2021. Learned senior counsel for the
petitioner further submits that the charge-sheet has been filed
against the petitioner. There is no incriminating evidence against
the petitioner. Learned senior counsel for the petitioner also
submits that the petitioner is neither proprietor of the Sagar
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(2 of 3) [CRLMB-1914/2022]
Industries nor he is the owner. Learned senior counsel for the
petitioner further submits that the petitioner had retracted the
statement given by him under Section 70 of G.S.T. Act. Learned
senior counsel for the petitioner also submits that the petitioner
had given Sagar Industries by way of agreement to Abhishek
Gehlot. Learned senior counsel for the petitioner also submits that
statements of the Abhishek Gahlot and Lalit Vyas cannot be read
against him. Learned senior counsel for the petitioner further
submits that maximum punishment in this case is 5 years and
conclusion of trial may take long time. So, the petitioner be
enlarged on bail.
3. Learned Senior Counsel for the petitioner has placed reliance
upon the following judgments:(1) Shri Vikas Bansal, Versus
Union Of India in Bail Application No.2381/2021; (2)
Dananjay Singh Versus Union Of India in S. B. Criminal
Miscellaneous Bail Application No.18825/2021; (3) Kishore
Wadhwani Versus State of M.P. reported in 2022(43)
G.S.T.L. 145(M.P.).
4. Learned Senior Standing Counsel has opposed the
arguments advanced by learned senior counsel for the petitioner
and submitted that the petitioner had evaded GST around of Rs. 21 crores. He is the main culprit. During investigation, statements under Section 70 of G.S.T. Act were recorded and which are admissible in evidence. Learned senior standing counsel further submits that case of the petitioner is not similar to the case of Dananjay Singh Versus Union Of India. Case of the petitioner is similar to the case of Vinay Kant Ameta Versus Union Of India and bail of the Vinay Kant Ameta was rejected by this Court (Downloaded on 28/02/2022 at 09:08:44 PM) (3 of 3) [CRLMB-1914/2022] and Hon'ble Apex Court has granted the bail to the Vinay Kant Ameta on depositing of Rs.200 crores. So, looking to the gravity of offence, bail be dismissed.
5. Considering the contentions put-forth by the learned senior counsel for the petitioner and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.
6. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Naresh Chandra Jajra S/o Late Shri Balkrishan Jajra shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(NARENDRA SINGH DHADDHA),J Gourav/61 (Downloaded on 28/02/2022 at 09:08:44 PM) Powered by TCPDF (www.tcpdf.org)